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Criminal law [2022] JCA 278

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 278 (15 December 2022)

The Court of Appeal reduced Shawn Le Lay’s sentence from 5 years 6 months to 5 years after finding he was wrongly denied the chance to make mitigation before sentence.

  • Sentencing
  • Procedural fairness
  • Judicial recusal
  • Legal aid
  • Mitigation
  • Mental health in sentencing
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Criminal law [2020] JRC 118

A, B and E v HM Attorney General

A, B and E v HM Attorney General [2020] JRC 118 (19 June 2020)

The Royal Court allowed an appeal against conviction for child endangerment after finding the Magistrate applied the wrong recklessness test and relied too heavily on expert evidence.

  • Appeal against conviction
  • Child endangerment
  • Mens rea (intention and recklessness)
  • Judicial recusal
  • Expert evidence
  • Disclosure obligations
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Criminal law [2018] JRC 014

Queree -v- AG

Queree -v- AG [2018] JRC 014 (18 January 2018)

The Court of Appeal allowed an appeal against an indecent assault conviction, holding the evidence did not prove clear withdrawal of consent or indecency.

  • Indecent assault
  • Consent in sexual offences
  • Evidentiary admissibility
  • Judicial recusal
  • Standard of proof
  • Mens rea
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Judicial conduct [2014] JRC 126B

AG -v- Sinel and Chiddicks

AG -v- Sinel and Chiddicks [2014] JRC 126B (09 June 2014)

The Royal Court dismissed a recusal application, holding that prior judicial association with the complainants did not create a real possibility of bias.

  • Judicial recusal
  • Apparent bias
  • Legal profession disciplinary proceedings
  • Judicial-recusal
  • Apparent-bias
  • Professional-discipline
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Employment law [2013] JRC 189

Newtel Limited -v- Devaney

Newtel Limited -v- Devaney [2013] JRC 189 (26 September 2013)

The Royal Court held that the Employment Tribunal Chairman should recuse herself because her husband was a partner in the law firm representing a party, creating apparent bias.

  • Judicial recusal
  • Apparent bias
  • Impartial tribunal
  • Human rights compliance
  • Employment tribunal procedure
  • Judicial-recusal
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Criminal law [2010] JRC 097A

AG -v- Y

AG -v- Y [2010] JRC 097A (25 May 2010)

The Jersey Royal Court refused a pre-trial recusal application where the defendant alleged apparent bias from an old family-related incident.

  • Judicial recusal
  • Apparent bias
  • Sexual offences
  • Judicial-recusal
  • Apparent-bias
  • Criminal-law
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Criminal law [2009] JRC 165

Syvret v AG

Syvret v AG [2009] JRC 165 (18 August 2009)

The court refused recusal, finding no apparent bias, and dismissed the case-stated appeal because the Magistrate had not yet finally determined the charges.

  • Judicial recusal
  • Apparent bias
  • Jurisdiction of appellate court
  • Costs orders
  • Judicial-recusal
  • Apparent-bias
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Criminal procedure [2009] JRC 041B

AG v Warren and Others

AG v Warren and Others [2009] JRC 041B (05 March 2009)

The Royal Court refused leave to appeal from preparatory hearing rulings, holding the application raised no appealable question of law and was out of time.

  • Leave to appeal
  • Admissibility of evidence
  • Judicial recusal
  • Trial management
  • Rules of conduct for advocates
  • Criminal-procedure
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Civil procedure [2002] JRC 198

Bedell Cristin v Coke Wallis

Bedell Cristin v Coke Wallis [2002] JRC 198 (18 October 2002)

The Royal Court of Jersey refused a recusal application against the Master, holding that the defendants had not shown an objective basis for apparent bias.

  • Judicial recusal
  • Apparent bias
  • Case management
  • Professional negligence
  • Judicial-recusal
  • Apparent-bias
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Criminal law [2000] JCA 207

Barra Hotel v AG

Barra Hotel v AG [2000] JCA 207 (26 October 2000)

The Jersey Court of Appeal refused leave to appeal against convictions and fines for fire safety breaches at the Barra Hotel, rejecting recusal, service, and sentencing challenges.

  • Judicial recusal
  • Fire safety regulations
  • Corporate criminal liability
  • Sentencing
  • Apparent bias
  • Judicial-recusal
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.